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Fiona Garside, a Senior Expertise Lawyer in Ashurst's Antitrust, Foreign Investment and Regulation team, is joined by partners Christophe Lemaire and Donald Slater. Subsidies granted by EU Member are already subject to EU State aid control, but there have been concerns about the impact of foreign subsidies on the internal market. Fiona, Christophe and Donald discuss the anticipated impact of the FSR and potential challenges and opportunities in its application. This is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.See omnystudio.com/listener for privacy information.
In this episode we talk about the EU's proposal to match the US state aid under its Inflation Reduction Act. We also take a look at how effective sanctions on Russia's refined oil products will be.
In this episode, Rebecca Timms and James Harrison discuss subsidy control within the UK post-Brexit: including current obligations under the EU-UK Trade and Cooperation Agreement, the new UK Subsidy Control Bill that will govern the future UK regime, and the interaction between the new UK regime and EU State aid rules.
For subsidiaries of U.S. companies looking to establish and/or grow their presence in an EU Member State and are perhaps seeking financial assistance from one of the Member States, it's important to be aware of the European Union's regulation of State aid. What is State aid and how does it impact U.S. companies with subsidiaries in the European Union, including France? We're discussing the latest updates to EU State aid and discussing these controls vis-à-vis COVID-19. Joining the podcast is Jacques Derenne, the Co-Leader of Sheppard Mullin's Antitrust and Competition Group and the head of the EU Competition & Regulatory practice at Sheppard Mullin's Brussels office. He is a member of the Brussels and Paris bars. He is also a Professor at the University of Liège and at the Brussels School of Competition. The co-hosts for this episode are Valérie Demont and Sarah Ben-Moussa. Valérie Demont is a partner in the Corporate Practice Group in Sheppard Mullin's New York Office and the Co-Chair of Sheppard Mullin's French Desk. Valérie focuses her practice primarily on U.S. and cross-border mergers and acquisitions, capital markets and securities offerings and corporate governance matters. She has been involved in numerous mergers, acquisitions, joint ventures and dispositions for corporations and private equity funds in the U.S., Europe and Asia (including India). In particular, she routinely advises foreign companies with the establishment and growth of their operations in the United States. Sarah Ben-Moussa is an associate in the Corporate Practice Group in Sheppard Mullin's New York office and is a member of the firm's Energy, Infrastructure and Project Finance team. Sarah focuses her practice on domestic and cross-border mergers and acquisitions, financings and corporate governance matters. As a member of the firm's French Desk, she has advised companies and private equity funds in both the United States and Europe on mergers, acquisitions, joint ventures, financings, complex commercial agreements, and general corporate matters. What We Discussed in This Episode: What is European Union (EU) State aid and why does it exist? What are the cumulative criteria that must exist to justify the existence of a State aid? What is the process of seeking State aid approval from the European Commission? Can a U.S. company with a foreign subsidiary benefit from State aid? If a French business wanted to set up a company in the U.S., can they apply and receive assistance from the French government? If so, how? Is any COVID-19 financial assistance to companies considered State aid? Due to the COVID-19 pandemic, what guidelines did the European Commission provide regarding the issuance of State aid? How are block exemption regulations allowing companies to avoid the State aid prior notification requirement? What can companies learn from State aid-related litigation in the airline industry? How the proposed EU regulation on the control of foreign subsidies is likely to impact non-EU companies, such as U.S. companies, investing in the EU? Resource: The European Commission Adopts a Proposal for a Regulation on Foreign Subsidies Distorting the Internal Market, by Jacques Derenne Contact Information: Jacques Derenne - https://www.sheppardmullin.com/jderenne Sheppard Mullin French Desk: www.sheppardfrenchdesk.com Co-Chair - Valérie Demont – https://www.sheppardmullin.com/vdemont Co-Chair - Christine Hoefliger Hourcade - https://www.sheppardmullin.com/choefliger Sarah Ben-Moussa - https://www.sheppardmullin.com/sbenmoussa Thank you for listening! Don't forget to FOLLOW to the show to receive every new episode delivered straight to your podcast player. If you enjoyed this episode, please help us get the word out about this podcast. You can listen in Apple Podcasts, Amazon Music, Stitcher Radio, Google Podcasts, or Spotify. Be sure to connect with us and reach out with any questions/concerns: LinkedIn Facebook Twitter Sheppard Mullin French Desk website This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.
As European Union State aid rules evolve in their efforts to “level the playing field” among member states, we’re examining the impact of current events like COVID-19 and Brexit on general State aid rules and discussing anticipated future policy changes. Joining me for this conversation are two guests, Jacques Derenne and Robert Klotz. Jacques Derenne is the Co-Leader of Sheppard Mullin’s Antitrust and Competition Group and the head of the EU Competition & Regulatory practice at Sheppard Mullin’s Brussels office. He is a member of the Brussels and Paris bars. He is also a Professor at the University of Liège and at the Brussels School of Competition. Robert Klotz is a partner in the Antitrust & Competition Practice Group in Sheppard Mullin’s Brussels office. Robert concentrates on all aspects of EU and German competition and regulatory law and represents clients before the European Commission and national authorities, with a particular focus on network industries, such as energy, telecommunications, post and transport. What We Discussed in This Episode: What is European Union (EU) State aid, and why does it exist? How does State aid ensure EU market integration? How is EU State aid different than U.S. government incentives? Does the European member state populace understand the connection between the linked EU economies and the successful avoidance of war throughout history? What is the EU doing to mitigate the impact of COVID-19 on State aid? Will Brexit affect State aid in any way? If so, how? How is the European Commission controlling foreign (non-EU) subsidies and why? How are current reform discussions going? What are some criticisms of EU controls? Will there be added stress on the EU as China emerges as a world economic leader? Contact Information: Jacques’s Sheppard Mullin attorney profile Robert’s Sheppard Mullin attorney profile Thank you for listening! Don’t forget to SUBSCRIBE to the show to receive every new episode delivered straight to your podcast player every Wednesday. If you enjoyed this episode, please help us get the word out about this podcast. Rate and Review this show in Apple Podcasts, Stitcher Radio, Google Podcasts, or Spotify. It helps other listeners find this show. Be sure to connect with us and reach out with any questions/concerns: LinkedIn Facebook Twitter Sheppard Mullin website This podcast is for informational and educational purposes only. It is not to be construed as legal advice specific to your circumstances. If you need help with any legal matter, be sure to consult with an attorney regarding your specific needs.
The European Commission's EU State aid investigations into the tax ruling practices of EU countries are highly controversial - none more so than its ruling, overturned in court, that Apple pay back multi-billion Euros to Ireland. What is EU State aid law and what are these cases about? Alfonso Lamadrid, Brussels-based lawyer with Garrigues, joins Christina Ma and Matthew Hall to discuss the background to the Apple/Ireland case, the findings in the case, why it was overturned and the implications of this. Listen to this episode to learn more about the critical area of EU State aid law and its application to tax rulings in the EU. Related Links: European Commission 2016 press release on Apple/Ireland State aid decision European Commission 2016 Apple/Ireland State aid decision European Commission 2020 statement (Commissioner Vestager) on General Court judgment overturning 2016 Apple/Ireland State aid decision General Court of the European Union 2020 press release on Apple/Ireland judgment General Court of the European Union 2020 Apple/Ireland judgment Hosted by: Christina Ma, Associate, Wachtell, Lipton, Rosen & Katz and Matthew Hall, Partner, McGuireWoods London LLP
Doug McHoney (PwC's US International Tax Services (ITS) Leader) and Calum Dewar (a Partner in PwC's Washington National Tax Services (WNTS) ITS practice and leader of PwC's US Integrated Global Structuring practice) discuss the recently-issued Apple State Aid opinion from the General Court of the European Union. Doug and Calum discuss: what State Aid is; what the General Court's opinion says and how to interpret it; the procedure behind the European Commission's initial 2016 decision, including why Apple was not actually the defendant in the initial case, but why both the Irish government and Apple appealed the EC's decision to the General Court; the impact of US cost-sharing rules and transfer pricing methodologies on the General Court's decision; the role of 'selectivity' in State Aid; how the EC may act in this case, and in other State Aid cases, going forward; and what impact digital services taxes and the OECD's base erosion and profit shifting (BEPS) project may have on State Aid in the future.
Last week, Boris Johnson refused Thomas Cook's request for financial assistance from the Government, reportedly to avoid a "moral hazard" for other failing businesses. Yet, when Condor – a German subsidiary of Thomas Cook – requested a reported €200m of financial assistance in that same week, the German government is reported to have provided a €320m bridging loan to Condor. What gives? In this podcast, we separate soundbites from State aid - and take a look at what the EU State aid rules mean for firms facing financial difficulty.
A review of the week's major US international tax-related news. In this edition: Final Section 385 debt/equity regulations sent to White House Office of Information and Regulatory Affairs for review -- House Ways and Means Committee Republicans again urge Administration to delay finalizing Section 385 regulations – US Treasury official strongly criticizes EU State aid investigations – EY global survey finds increasing audits and more aggressive enforcement from tax authorities around the world.
A review of the week's major US international tax-related news. In this edition: US government reaction to EU State aid investigations – House speaker expects tax reform in 2017 – IRS official predicts avalanche of MAP cases.
Congressional Republicans maintain opposition to Proposed Section 385 regulations -- IRS focusing on FATCA IGAs currently ‘in effect’ -- Obama Administration issues White Paper on EU State aid investigations – IRS final regulations issued on 2% tax on payments US government makes to foreign persons under certain contracts -- Treasury/IRS 2016-2017 Priority Guidance Plan contains several new international tax projects -- Lawsuit filed challenging anti-corporate inversion regulations -- OECD releases Discussion Draft on branch mismatch structures.
A review of the week's major US international tax-related news. In this edition: US Treasury reviewing Section 891 in context of EU State aid investigations – Treasury Secretary says legislation necessary to stem corporate inversions – US will cancel sharing of CbC reports with any country that publicly discloses data.
US international tax reform takes on added urgency in Congress – Obama Administration’s FY 2017 Budget includes international provisions substantially similar to FY 2016 proposals – Treasury releases 2016 US Model Income Tax Treaty – US Treasury official comments on EU State aid investigations -- IRS amends regulations allocating partnership foreign tax expense – FIRPTA regulations amended to reflect Path Act -- IRS files appeal in Altera Corp. v. Commissioner – IRS names new Associate Chief Counsel (international).
House Ways and Means Committee to mark-up international tax reform bill in 2016 – Senate Finance Committee leaders express concern over EU State aid investigations – President Obama delivers State of the Union address – US legislation has implications for certain foreign pension funds –IRS Notice 2016-10 offers guidance for RICs with Section 853 elections alternative methods for handling foreign tax refunds – Treasury is considering foreign goodwill exception in final Section 367 regulations – Sixth Circuit holds FX option is Section 1256 contract, reverses Tax Court.
A review of the week's major US international tax-related news. In this edition: Congressional hearings highlight concern over BEPS, EU State aid investigations and inversions –Negotiations continue on bipartisan tax extenders package.
Italy’s electricity transmission system operator Terna hopes to introduce a capacity market in 2016, where it will auction options products annually. This means payments will be linked to available capacity of plants rather than their electricity output. Its 2016 deadline will have to depend on EU state aid approval. ICIS Italian market reporters Riccardo Patrian and Matilde Mereghetti examine the issue in more depth.
On 26 January 2021, Maroš Šefčovič, Vice-President of the European Commission in charge of Interinstitutional relations and Foresight, gave a press conference on the European Batteries Alliance, in Brussels, Belgium.The Commission has approved, under EU State aid rules, a second Important Project of Common European Interest (“IPCEI”) to support research and innovation in the battery value chain. The project, called “European Battery Innovation” was jointly prepared and notified by Austria, Belgium, Croatia, Finland, France, Germany, Greece, Italy, Poland, Slovakia, Spain and Sweden.The twelve Member States will provide up to €2.9 billion in funding in the coming years. The public funding is expected to unlock an additional €9 billion in private investments, i.e. more than three times the public support. The project complements the first IPCEI in the battery value chain that the Commission approved in December 2019.